You are on page 1of 3

eDiscovery How It Works Jatheon offers a comprehensive eDiscovery function with each appliance. There is nothing additional to purchase.

. The advanced searchability of the data contained in the archive allows Compliance Officers to review and export messages either in PST format or as a Portable Document File (PDF). Searches are performed on the meta data as well as all of the message data including attachments. The Compliance Officer also has the ability to place messages in a Legal Hold; the message data is preserved for legal or regulator review.

eDiscovery Performing a nightly backup of a companys computer data is not the same as creating an archive. One of the main differences is that to comply with most regulations, email messages, their attachments and IMs must be stored in their original formats, and no one should have the ability to alter their content. This means that unlike a backup, which is usually made at the end of each day and designed to restore email servers after a problem, the archive is created at the front end, before a message reaches the end users computer, and stored in a non-rewritable format. Jatheons Plug n Comply technology provides organizations the tools to efficiently respond to litigation requests:

Removes the dependency on your IT department to locate and retrieve email Provides easy access to data by using an intuitive web interface. Offers a solution for the litigation support process allowing for classification of records and collaboration among internal discovery users including outside counsel Provides powerful, efficient and high volume searching capability includes the capability of search entities including keywords or phrases Produces evidence by mass exporting to PDF, LDAP, or PST formats

Email Archiving is the act of preserving and making searchable all email to/from an individual. Email archiving solutions capture email content either directly from the email application itself or during transport. The messages are typically then stored on magnetic disk storage and indexed to simplify future searches. In addition to simply accumulating email messages, these applications index and provide quick, searchable access to archived messages independent of the users of the system using a couple of different technical methods of implementation. The reasons a company may opt to implement an email archiving solution include protection of mission critical data, record retentiode market for email archiving marketing will grow from nearly $2.1 billion in 2009 to over $5.1 billion in 2013.

What is the significance of HIPAA email compliance ? The act provides patients with increased control over how protected health information is used and disclosed. Organizations must standardize policies and procedures to ensure patient confidentiality.

Electronic discovery (or e-discovery, eDiscovery) refers to discovery in civil litigation which deals with the exchange of information in electronic format (often referred to as electronically stored information or ESI). Usually (but not always) a digital forensics analysis is performed to recover evidence. A wider array of people are involved in eDiscovery (for example, forensic investigators, lawyers and IT managers) leading to problems with confusing terminology. Data are identified as relevant by attorneys and placed on legal hold. Evidence is then extracted and analysed using digital forensic procedures, and is usually converted into PDF or TIFF form for use in court. Electronic information is considered different from paper information because of its intangible form, volume, transience and persistence. Electronic information is usually accompanied by metadata that is not found in paper documents and that can play an important part as evidence (for example the date and time a document was written could be useful in a copyright case). The preservation of metadata from electronic documents creates special challenges to prevent spoliation. Electronic discovery was the subject of amendments to the Federal Rules of Civil Procedure (FRCP), effective December 1, 2006, as amended to December 1, 2010. Individuals working in the field of electronic discovery commonly refer to the field as Litigation Support. The field relates to Corpus linguistics and Computational Linguistics which both also attempt to study electronic data (chiefly textual) in order to further understand the nature of language and produce useful language-tools. Legal Discovery Challenges An email systems archive is fully searchable, greatly simplifying the eDiscovery process. Lets assume that a lawsuit is pending and all emails connected with a particular client are being reviewed, by your lawyers, the opposing partys lawyers, or both. What can take months of billable hours by a team of lawyers and IT professionals can literally take minutes through a keyword search of an email archive. In this scenario, three outcomes are possible: Bad News A smoking gun email, IM, or user file is found that implicates the company or confirms its guilt.

Good News An email, IM, or user file is found that proves the company is innocent of wrongdoing in the case. No News No confirmation of guilt or innocence is found. In all three outcomes, early knowledge is key. If bad news is indeed uncovered, its to the companys advantage to know this early on. Often the strategy is to settle on the case, thereby saving on legal fees. If good news is the result, this can quickly be shared with legal advisors for the opposition, who may opt to end the lawsuit. If no critical information is found, the company can proceed as necessary, secure in the knowledge that there will be no hidden surprises along the way.

You might also like